What is the required action if there is an infringement of Punch King Fitness copyright-protected materials?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
pyright Office, or a court regarding our copyright materials.
You must promptly notify us of any infringement of the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents by any person or legal entity or any litigation instituted by any person or legal entity against you or us involving the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. We will control any litigation or proceeding. We are not required to defend the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents. If we undertake the defense, prosecution, or settlement of any litigation relating to the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or proprietary documents, you agree to assist as necessary to carry out such defense, prosecution, or settlement. We are not required to indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents or if the proceeding is resolved unfavorably to you.
We retain the right to modify the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents. Upon demand by us, you shall discontinue using Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or other proprietary documents at your sole cost and expense, as directed by us. We are not required to reimburse or compensate you for any modification or discontinuation of the Punch King Fitness copyright-protected materials, Operating Manual, advertising materials, or proprietary documents.
We have no actual knowledge of superior prior rights or infringing uses of the Punch King Fitness copyrightprotected materials, Operating Manual, advertising materials, or other proprietary documents that could materially affect your use of such copyrights or proprietary information. You will not acquire any interest in the Proprietary Information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–41)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, franchisees must promptly notify Punch King Fitness of any infringement of its copyright-protected materials. These materials include the Operating Manual, advertising materials, and other proprietary documents. This notification requirement extends to any litigation instituted against either the franchisee or Punch King Fitness involving these protected materials.
The FDD specifies that Punch King Fitness will control any litigation or proceeding related to infringement. While Punch King Fitness is not required to defend its copyright-protected materials, if it chooses to do so, the franchisee must assist as necessary in the defense, prosecution, or settlement. However, Punch King Fitness is not required to indemnify the franchisee for expenses or damages if the franchisee is a party to an administrative or judicial proceeding involving the copyright-protected materials, especially if the proceeding is resolved unfavorably to the franchisee.
Punch King Fitness retains the right to modify its copyright-protected materials, Operating Manual, advertising materials, and other proprietary documents. Upon demand, franchisees must discontinue using these materials at their sole cost and expense, as directed by Punch King Fitness. The document clarifies that Punch King Fitness is not required to reimburse or compensate franchisees for any modification or discontinuation of these materials. Franchisees are also obligated to inform Punch King Fitness in writing if anyone breaches the Nondisclosure and Noncompetition Agreement or violates obligations regarding any of the Proprietary Information, or if they learn about any improper use of it.